H54B, Inc. et al v. United States of America
Consolidated
Lead case: 2:18-mn-02873
Lead case: 2:18-mn-02873
| South Carolina District Court | |
| Judge: | Richard M Gergel |
| Case #: | 2:19-cv-01217 |
| Nature of Suit | 240 Real Property - Torts to Land |
| Cause | 28:1331 Fed. Question: Tort Action |
| Case Filed: | Apr 29, 2019 |
| Case in other court: | Alaska, 4:18-cv-00039 |
| Last checked: Saturday Oct 26, 2019 4:54 AM EDT |
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Defendant
United States of America
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Represented By
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Plaintiff
H54B, Inc.
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Represented By
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Plaintiff
Melanie Jordan
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Represented By
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| Docket last updated: 11/04/2024 11:59 PM EST |
| Friday, November 17, 2023 | ||
| 49 | 49
order
Order on Motion to Withdraw as Attorney
Fri 11/17 10:44 AM
TEXT ORDER This Order Relates to Case Nos. as referenced granting 4033 (in case 2:18-mn-02873-RMG; (282) in case 2:18-cv-03358-RMG; (127) in case 2:18-cv-03435-RMG; (116) in case 2:19-cv-01022-RMG; (53) in case 2:19-cv-01119-RMG; (44) in case 2:19-cv-01120-RMG; (43) in case 2:19-cv-01181-RMG; (48) in case 2:19-cv-01217-RMG; (81) in case 2:19-cv-01223-RMG; (123) in case 2:19-cv-01724-RMG; (70) in case 2:19-cv-02187-RMG; (61) in case 2:19-cv-02607-RMG; (30) in case 2:19-cv-03288-RMG; (31) in case 2:19-cv-03290-RMG; (23) in case 2:20-cv-02030-RMG; (105) in case 2:20-cv-02115-RMG) Motion to Withdraw Geoffrey Cook as Attorney for listed plaintiffs. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 11/17/2023.Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) |
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| Thursday, November 16, 2023 | ||
| 48 | 48
motion
Withdraw as Attorney
Thu 11/16 12:06 PM
MOTION to Withdraw as Attorney by United States of America, United States Air Force, United States Department of Defense, United States of America, United States Fairchild AFB, United States, United States Air Force, United States of America, United States Air National Guard Bureau, United States Department of the Air Force, The. Response to Motion due by 11/30/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG et al.(Cook, Geoffrey) |
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| Monday, March 13, 2023 | ||
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order
Order on Motion to Withdraw as Attorney
Mon 03/13 10:02 AM
TEXT ORDER This Order Relates to: The Court grants 2895 (in case 2:18-mn-02873-RMG; (279) in case 2:18-cv-03358-RMG; (124) in case 2:18-cv-03435-RMG; (113) in case 2:19-cv-01022-RMG; (46) in case 2:19-cv-01119-RMG; (41) in case 2:19-cv-01120-RMG; (40) in case 2:19-cv-01181-RMG; (45) in case 2:19-cv-01217-RMG; (78) in case 2:19-cv-01223-RMG; (120) in case 2:19-cv-01724-RMG; (67) in case 2:19-cv-02187-RMG; (27) in case 2:19-cv-03288-RMG; (28) in case 2:19-cv-03290-RMG) Motion for Mr. Frederick G. Hall to Withdraw as Counsel for the United States and as a Member of the Defendants' Coordination Committee. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 3/13/2023.Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) |
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| Wednesday, March 08, 2023 | ||
| 45 | 45
motion
Withdraw as Attorney
Wed 03/08 10:29 AM
MOTION to Withdraw as Attorney and from Membership on DCC by Federal Aviation Administration, USA, United States Air Force, United States Air National Guard Bureau, United States Department of Defense, United States of America, United States of America, United States of America, United States Department of the Air Force, The, United States of America, United States Air Force, EPA, United States Fairchild AFB. Response to Motion due by 3/22/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG et al.(Hall, Frederick) |
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| Thursday, March 03, 2022 | ||
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order
Order on Motion to Withdraw as Attorney
Thu 03/03 12:35 PM
TEXT ORDER granting the motion to withdraw William James Quinn as attorney of record for the United States (Dkt. No. 2204 in case 2:18-mn-02873-RMG; (274) in case 2:18-cv-03358-RMG; (120) in case 2:18-cv-03435-RMG; (110) in case 2:19-cv-01022-RMG; (43) in case 2:19-cv-01119-RMG; (38) in case 2:19-cv-01120-RMG; (37) in case 2:19-cv-01181-RMG; (42) in case 2:19-cv-01217-RMG; (75) in case 2:19-cv-01223-RMG; (115) in case 2:19-cv-01724-RMG; (64) in case 2:19-cv-02187-RMG; (58) in case 2:19-cv-02607-RMG; (24) in case 2:19-cv-03288-RMG; (25) in case 2:19-cv-03290-RMG; (20) in case 2:20-cv-02030-RMG; (94) in case 2:20-cv-02115-RMG). AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 3/3/2022.Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) |
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| Wednesday, March 02, 2022 | ||
| 42 | 42
motion
Withdraw as Attorney
Wed 03/02 3:35 PM
MOTION to Withdraw as Attorney William J. Quinn by United States of America. Response to Motion due by 3/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG et al.(Quinn, William) |
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| Tuesday, February 23, 2021 | ||
| 36 | 36
notice
Notice of Appearance
Tue 02/23 6:36 PM
NOTICE of Appearance by Timothy B Walthall on behalf of Federal Aviation Administration, United States Air Force, United States Air National Guard Bureau, United States Department of Defense, United States of America, United States of America, United States of America, United States Air Force, EPA, United States Fairchild AFB, United States of America, USA, United States, United States Department of the Air Force, The (Walthall, Timothy) Associated Cases: 2:18-mn-02873-RMG et al. Clerk refiled correctly in management case, and spread to applicable member cases as listed on document (to create attorney/party association for USA and USA agencies), per Judge's filing instructions in CMO No 1 . (sshe, ) Modified to original document number (in 2:18-mn-02873-RMG) on 2/23/2021 (sshe, ) |
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| Wednesday, January 27, 2021 | ||
| 35 | 35
notice
Notice Other
Wed 01/27 8:19 PM
CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. In light of the most recent CMO No. 6.D filed 1/26/2021 at 1128 , please be reminded that the new shell case number for direct-filed cases related to the AFFF MDL is now 2:21-av-55555. Please file the Complaint (Civil cover sheet need not be filed), and counsel need only submit one summons document AO 440 form to be issued by the Clerk's office. Please provide the first listed defendant party's name and address on the document and attach pages which include the additional defendants' names (and addresses per CMO NO. 6, 6.A, 6.B, 6.C, 6.D re Alternative For Service of Process on a Defendant ). Counsel should e-file, as an attachment to the complaint (or forward in one complete PDF via email to the Clerk's office: filingdocs_ecf_chas@scd.uscourts.gov). Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) |
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| Friday, December 11, 2020 | ||
| 34 | 34
notice
Notice of Appearance
Fri 12/11 7:02 PM
NOTICE of Appearance by Jacqueline Liat Rome on behalf of Chemguard Inc, Tyco Fire Products LP Associated Cases: 2:18-mn-02873-RMG et al.(Rome, Jacqueline) |
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| Friday, September 25, 2020 | ||
| 32 | 32
notice
Notice Other
Fri 09/25 10:08 PM
CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. The clerk will be issuing the summons(es) in a timely manner for all amended complaints filed. Due to the volume of amended complaints filed most recently, the clerk will be issuing the summons(es) as follows. Upon receipt of the NEF for the Summons Issued event, please print or download the filed one-page document with the PDF header included, showing the date of issue and civil case (member) number. Insert this dated, signed and sealed document in front of the first page of your prepared summons document, including your supplemental pages, to use for service on defendants. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) |
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| Wednesday, September 02, 2020 | ||
| 31 | 31
notice
Notice Other
Wed 09/02 4:31 PM
CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. Please be advised to disregard entry filed at Dkt. No. 797 (in 2:18-mn-02873-RMG) et al Notice of Appearance. This filing was spread incorrectly to ALL cases . Please note filing instructions per CMO No. 1 regarding correctly spreading if the document relates to all actions or relates only to particular action(s) . Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) |
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| 30 | 30
notice
Notice of Appearance
Wed 09/02 10:11 AM
NOTICE of Appearance by Allen Leland DuPre on behalf of Finley Fire Equipment Co Associated Cases: 2:18-mn-02873-RMG et al.(DuPre, Allen) |
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| Friday, June 19, 2020 | ||
| 29 | 29
notice
Notice of Appearance
Fri 06/19 11:03 AM
NOTICE of Appearance by Michele S Greif on behalf of Federal Aviation Administration, United States Air Force, United States Air National Guard Bureau, United States Department of Defense, United States of America, United States of America, United States of America, United States Air Force, EPA, United States Fairchild AFB, United States of America, USA, United States, United States Department of the Air Force, The (Greif, Michele) Associated Cases: 2:18-mn-02873-RMG et al. Refiled correctly in management case to spread to applicable member case(s) , per Judge's filing instructions, and to create attorney/party association for attorney filing user for the member cases as listed on document(sshe, ) |
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| Thursday, June 18, 2020 | ||
| 28 | 28
notice
Notice of Appearance
Thu 06/18 1:38 PM
NOTICE of Appearance by Christina T Natale on behalf of Federal Aviation Administration, United States Air Force, United States Air National Guard Bureau, United States Department of Defense, United States of America, United States of America, United States of America, United States Air Force, EPA, United States Fairchild AFB, United States of America, USA, United States, United States Department of the Air Force, The Associated Cases: 2:18-mn-02873-RMG et al.(Natale, Christina) |
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| Friday, February 14, 2020 | ||
| 27 | 27
notice
Notice of Appearance
Fri 02/14 11:24 AM
NOTICE of Appearance by David Jonathan Hammack on behalf of Federal Aviation Administration, USA, United States Air Force, United States Air National Guard Bureau, United States Department of Defense, United States of America, United States of America, United States of America, United States Department of the Air Force, The, United States of America, United States Air Force, EPA, United States Fairchild AFB Associated Cases: 2:18-mn-02873-RMG et al.(Hammack, David) |
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| Tuesday, February 04, 2020 | ||
| 26 | 26
notice
Notice Other
Tue 02/04 1:16 PM
CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. Please be advised that all counsel are directed to choose the event Certificate of Service for any proofs of service to be filed. Do not choose any other event (Acceptance of Service Complaint Served, Summons Returned Executed-Complaint Served(or as to USA-Complaint Served)(or Unexecuted), Waiver of Service, etc.). ONLY choose the event Certificate of Service for any returns to be filed. Prepare a cover page or notice of filing (main document) including the member case number, case caption, a brief statement as to what is being filed, and the attorney filing user's s/attorney typed name or digital signature, and attach the proof of service document. File the Certificate of Service event in the applicable member case only . Please call the Clerk's office with any questions or concerns. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) |
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| Thursday, January 02, 2020 | ||
| 25 | 25
notice
Notice Other
Thu 01/02 2:57 PM
CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. Please be advised that the new shell case number for direct-filed cases related to the AFFF MDL is now 2: 20 -av-55555. Please file the Complaint (Civil cover sheets need not be filed), and counsel need only submit one summons document AO 440 form to be issued by the Clerk's office. Please provide the first listed defendant party's name and address on the document and attach a page which includes the additional defendants' names (and addresses per CMO NO. 6 re Alternative For Service of Process on a Defendant). Counsel may e-file, as an attachment to the complaint or Forward in PDF via email to the Clerk's office: filingdocs_ecf_chas@scd.uscourts.gov. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) |
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| Wednesday, December 18, 2019 | ||
| 24 | 24
notice
Notice Other
Wed 12/18 11:30 AM
NOTICE ADDENDUM TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. In addition to counsel preparing and submitting all proposed orders in Word document format via email to chambers at gergel_ecf@scd.uscourts.gov, please include the master MDL docket entry number of the motion filed (and spread to applicable member case(s)) in 2:18-mn-02873-RMG to which the proposed order relates. Please reference within the proposed order in Word document format as well as the subject line of the email to chambers. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) |
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| 23 | 23
notice
Notice Other
Wed 12/18 10:33 AM
NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. SECOND NOTICE regarding Counsel should prepare and submit all proposed orders in Word document format via email to chambers at gergel_ecf@scd.uscourts.gov. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) |
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| Tuesday, December 10, 2019 | ||
| 22 | 22
notice
Notice of Appearance
Tue 12/10 2:56 PM
NOTICE of Appearance by Frederick G Hall on behalf of Federal Aviation Administration, United States Air Force, United States Air National Guard Bureau, United States Department of Defense, United States of America, United States of America, United States of America, United States Department of the Air Force, The, United States of America, United States Air Force, EPA, United States Fairchild AFB Associated Cases: 2:18-mn-02873-RMG et al.(Hall, Frederick) |
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| Friday, October 18, 2019 | ||
| 21 | 21
notice
Notice Other
Fri 10/18 2:25 PM
NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. SECOND NOTICE RE Counsel need only submit one summons document AO 440 form, when necessary, to be issued by the Clerk's office. Please provide the first listed defendant party's name and address on the document and attach a page which includes the additional defendants' names (and addresses per CMO NO. 6 re Alternative For Service of Process on a Defendant). Do not e-file. Forward in PDF via email to the Clerk's office: filingdocs_ecf_chas@scd.uscourts.gov. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) |
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| Friday, October 04, 2019 | ||
| 20 | 20
notice
Notice Other
Fri 10/04 12:45 PM
CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. An AMENDED COMPLAINT is to be filed in the member case only . When this document adds new defendant parties not currently listed as a party on the member case docket, the attorney filing user is to add each New Party, at the time of filing. ECF will prompt with "Please select the party that this filing is against "; the attorney filing user should choose to add each New Party and Select the Party at that time. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) |
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| Tuesday, October 01, 2019 | ||
| 19 | 19
notice
Notice Other
Tue 10/01 11:16 AM
NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. Reply briefs are discouraged in the District of South Carolina, and any reply brief shall be submitted within seven (7) days of service of the responsive brief. Local Rule 7.07 D.S.C. Absent specific extenuating circumstances, the Court will not grant a motion, opposed or on consent, for an extension to file a reply brief. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) |
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| Tuesday, August 06, 2019 | ||
| 18 | 18
notice
Notice Other
Tue 08/06 6:14 PM
NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. Counsel should prepare and submit a proposed order in Word document format for any Motion to Withdraw as Attorney via email to chambers at gergel_ecf@scd.uscourts.gov. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) |
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| Monday, May 13, 2019 | ||
| 17 | 17
notice
Notice Other
Mon 05/13 1:04 PM
NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 Any plaintiff whose case would be subject to transfer to the AFFF MDL proceedings may file his or her case directly in the District of South Carolina, in accordance with Paragraphs 25 through 29 of CMO 3. The shell case number for cases related to the AFFF MDL is 2:19-av-55555 . Please file the new complaint into this shell case and file as attachments Answers to LR 26.01 Interrogatories and a Summons (to be issued). The complaint will be assigned a new civil action number. Civil cover sheets need not be filed for cases directly filed in the AFFF MDL. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) |
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| Monday, April 29, 2019 | ||
| 16 | 16
misc
MDL Member Case Opened
Mon 04/29 4:56 PM
MDL MEMBER CASE OPENED: Alaska, 4:18-cv-00039, H54B, Inc. et al v. United States of America, as DSC case 2:19-cv-1217-RMG. NOTICE TO ALL COUNSEL: MDL No. 2:18-mn-2873-RMG (LEAD case) has been opened as the master docket assigned to Judge Richard M. Gergel, District of South Carolina. This civil action is now associated as a member case. Counsel will be notified re Case Management Orders and other documents posted in the lead case by Liaison Counsel. CMO Nos. 1 - 3 govern all cases in the MDL proceedings and can be viewed on the Court's MDL website. NOTICE of Hearing: Next Status Conference set for 5/17/2019 9:00 AM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel. See the District Court's website containing information on the MDL at[LINK:MDL-2873] (sshe, ) |
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| 15 | 15
transfer
Case Transferred In - District Transfer
Mon 04/29 4:51 PM
Case transferred in from District of Alaska; Case Number 4:18-cv-00039. Original file certified copy of transfer order and docket sheet received. |
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| Friday, April 19, 2019 | ||
| 14 | 14
AFFIDAVIT of Melanie Jordan by H54B, Inc., Melanie Jordan. (Weiner, Jason) [Transferred from Alaska on 4/29/2019.]
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| Tuesday, April 16, 2019 | ||
| 13 | 13
CONDITIONAL TRANSFER ORDER (CTO-8); Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. § 1407 to the District of South Carolina for the reasons stated in the order of December 7, 2018, and, with the consent of that court, assigned to the Honorable Richard M. Gergel. (RMC, COURT STAFF) [Transferred from Alaska on 4/29/2019.]
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| Monday, April 15, 2019 | ||
| 12 | 12
NOTICE of Filing Unsigned Affidavit by H54B, Inc., Melanie Jordan re11 Affidavit (Weiner, Jason) [Transferred from Alaska on 4/29/2019.]
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| 11 | 11
AFFIDAVIT of Melanie Jordan re10 Response in Opposition to Motion, by H54B, Inc., Melanie Jordan. (Weiner, Jason) [Transferred from Alaska on 4/29/2019.]
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| 10 | 10
RESPONSE in Opposition re9 MOTION to Dismiss for Lack of Jurisdiction filed by H54B, Inc., Melanie Jordan.(Weiner, Jason) [Transferred from Alaska on 4/29/2019.]
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Att: 1
Exhibit Exhibit 1 - e-mail from Kris Anderson,
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Att: 2
Exhibit Exhibit 2 - Letter to Air Force written by Melanie Jordan,
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Att: 3
Exhibit Exhibit 3 - Notice of Potential Tag Along Actions
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| Monday, April 01, 2019 | ||
| 9 | 9
MOTION to Dismiss for Lack of Jurisdiction by United States of America, United States Air Force.(Cook, Geoffrey) [Transferred from Alaska on 4/29/2019.]
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Att: 1
Exhibit Exhibit A-October 26, 2018 Letter from Jason Weiner to WM. Darrel Johnson, with attachments,
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Att: 2
Exhibit Exhibit B - Hamilton Declaration,
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Att: 3
Exhibit Exhibit C - Fennell Declaration,
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Att: 4
Exhibit Exhibit D - Anderson Declaration,
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Att: 5
Exhibit Exhibit E - Kaltenmark Declaration,
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Att: 6
Exhibit Exhibit F - Pomeroy Declaration,
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Att: 7
Exhibit Exhibit G- Jenkins Declaration
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| Wednesday, February 27, 2019 | ||
| 8 | 8
ORDER GRANTING 6 Stipulation re Recalculation of Deadlines signed by Judge Timothy M. Burgess on 2/27/2019. (NMG, CHAMBERS STAFF) [Transferred from Alaska on 4/29/2019.]
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| Wednesday, February 20, 2019 | ||
| 7 | 7
DEMAND for Trial by Jury by H54B, Inc.. (Weiner, Jason) [Transferred from Alaska on 4/29/2019.]
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| Tuesday, February 19, 2019 | ||
| 6 | 6
STIPULATION OF RECALCULATED PLEADING DEADLINES (UNOPPOSED) by United States of America, United States Air Force.(Hammack, David) [Transferred from Alaska on 4/29/2019.]
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Att: 1
Proposed Order Proposed Order Re: Stipulation of Deadlines
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| Wednesday, February 13, 2019 | ||
| 5 | 5
6
pgs
AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Weiner, Jason) [Transferred from Alaska on 4/29/2019.]
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| Thursday, November 15, 2018 | ||
| 4 | 4
NOTICE Of Consent to magistrate by H54B, Inc. (Weiner, Jason) [Transferred from Alaska on 4/29/2019.]
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| Wednesday, November 14, 2018 | ||
| 3 | 3
Unissued summons re Defendant US Air Force. (LMH, COURT STAFF) [Transferred from Alaska on 4/29/2019.]
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| 2 | 2
Civil Cover Sheet. (LMH, COURT STAFF) [Transferred from Alaska on 4/29/2019.]
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| 1 | 1
5
pgs
COMPLAINT against United States of America, United States Air Force (Filing fee $ 400 Receipt #FBO001639), filed by Melanie Jordan, H54B, Inc.(LMH, COURT STAFF) [Transferred from Alaska on 4/29/2019.]
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| Summons Issued as to United States Air Force (LMH, COURT STAFF) [Transferred from Alaska on 4/29/2019.] | ||